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Smith Bigman Brock
Daytona Beach, Florida
386-254-6875

business litigation Archives

Boat at the center of legal dispute "arrested"

A thorny legal battle involving a Florida man, a British yacht builder, a yacht distributor and a boat broker prompted a U.S. district judge to order marshals to place the 74-foot yacht at the center of the dispute under arrest. Arrests are sometimes ordered under maritime law to prevent the parties involved in a legal dispute from using a contested vessel. Marshals arrived to execute the arrest on Nov. 3 shortly after the close of the Fort Lauderdale International Boat Show.

Medical companies in Oviedo trademark dispute

Two Florida companies are locked in a trademark battle over the names of their hospital services. Oviedo Medical Center is suing AdventHealth over the name "Oviedo ER". The medical center claims that AdventHealth is infringing its trademark and engaging in unfair competition. It opened Oviedo ER in 2013. In 2019, AdventHealth opened a new emergency room on Red Bug Lake Road, less than one mile from the emergency room operated by Oviedo Medical Center. However, the AdventHealth location is advertised in billboards as an "Oviedo ER", and the medical center says that both patients and emergency personnel may be confused about the differences.

Gaming companies battle over 'Riot' trademark

Many people in Florida love to play video games and compete in or watch esports, professional competitions in the video games world. The competition in esports can be fierce but so can the disputes between companies in the industry. Well-known video game company Riot Games has filed a trademark infringement against an esports firm, Riot Squad, accusing it of using the company's trademarks to build their own brand and reap the profits of a nonexistent association. Riot Games is best known as the manufacturer of "League of Legends," a popular game in esports competition.

Permission for use of copyrighted material

If a particular material is under copyright, it does not necessarily mean that no one else can use it. It generally means that someone else has to gain permission from the copyright owner before using it. The owner of a copyright can, of course, choose to withhold permission, which can limit the other party's ability to use it legally. 

Understanding false advertising law

Business owners in Daytona Beach rely heavily on their companies’ reputations. A claim against that reputation can exact untold damage, leaving executives and decision-makers with every incentive to dispute such assertions. One type of claim that can be particularly harmful is that of false advertising. Thus, it is important that those representing their respective companies understand exactly what the laws defining false advertising in their states entail. 

What does breach of contract entitle you to?

If your business in Daytona Beach primarily works contractually, then having a partner try to end an agreement with you prematurely can be devastating to your operations. If its abrupt termination of your agreement meets the legal standard for breach of contract, then you may be entitled to compensation. The question then becomes what exactly your company might be entitled to in such an action.

Company sues former managing partner

Most in Daytona Beach might assume that business litigation is limited to legal conflicts between two different companies. Yet oftentimes such cases can arise from internal strife. In many ways, internal employees can pose the greatest threat to business owners in that they know a company' vital business information (their trade secrets and intellectual properties) and they often have the explicit trust of those owners. If and when such trust is violated, those with a stake in a business that has been compromised might justly want to seek legal action

What is a hostile takeover?

For many business owners in Daytona Beach, their goal is to grow their businesses to the point of making them attractive to potential buyers (putting them in a position to make a significant profit from the sale). Yet you may have contrary aims to keep your company under your control as it continues to expand. That, however, may not keep your business from being targeted for acquisition. You could reasonably find your company the target of a hostile takeover bid. 

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